What keeps the SMEs shying away from the UPC? The "value of the action" can't be the reason, since there are many infringement actions pending with the UPC where the value of the action is (clearly) less than 1 Mio EUR. This is a ballpark figure which would also be at the lower end in the context of national German Court Proceedings. Thus, there must be other reasons! I will try to find out about these reasons at the panel discussion hosted by the Patent Centre of Bavaria which takes place on November 29, 2023 at the GPTO. I am honoured and excited to discussing the current situation with Mr Schmidt-Bilkenroth of the GPTO and many Germany Mittelstand representatives whose companies represent the backbone of Germany's economy. #ThinkUPC #UPCLitigation #GPTO #GermanUtilityModels
It's cost, overcomplexity, risk, and a lack of successful education and transparency (though I do credit them from doing the best they can). I think there are a number of very simple things they could be doing, but it's also incredibly early. But it is getting early late. As the UPC develops its identity, they need to work overtime to keep it open, transparent, and straightforward. Some better explanation and training of how fees will be assessed would be critical.